HCEB Response to the Court of Appeal Judgments
Background
Last week, the Court of Appeal handed down two judgments which concerned the proposed expansion of capacity at Heathrow Airport. The judgments are complex and will take time to go through and fully understand. However, the Court of Appeal declared, in its judgment on planning issues, that the Airports National Policy Statement, which set out the Government’s policy framework in support of expansion at Heathrow Airport, has no legal effect, unless and until the Secretary of State for Transport undertakes a review.
Due to the complexity of the judgments and consequences, both the Department for Transport and Heathrow Airport are taking time to review exactly what it means and what next steps they plan to take. Heathrow Airport has stated that it plans to seek leave to appeal the judgment and so the status of the proposed third runway remains subject to an ongoing legal appeal process.
We understand that all of this will have contributed to an additional level of uncertainty for those who would be affected if the proposed expansion of Heathrow Airport were to go ahead – particularly those living close to the airport in the proposed Compulsory Purchase Zone (CPZ).
We will continue working to make life around Heathrow better tomorrow than it is today. The homepage of our website says “If Heathrow Airport affects you, we’re here to help.”. That statement remains true so if you need to contact us, you can do so at info@hceb.org.uk or by calling 02034 880290.
Our Approach
At the beginning of this year we set out 3 strategic objectives which would drive our activity through 2020. We are reviewing our approach to each of these areas of work following the Court of Appeal judgment.
Strategic Objective One, our Airport Consultative Committee objective, states that we aim to increase the effectiveness and visibility of scrutiny of HAL’s operational performance and future development plans. We do not believe that our work under this objective is affected by the judgment and will therefore continue. Airport Consultative Committees exist at every major UK airport as the primary means of fulfilling their obligations under s35 of the Civil Aviation Act 1982. This means that the first quarterly HCEB Independent Forum will go ahead on 18th March, with a revised agenda from the one published to allow discussion and dialogue following the judgment.
Strategic Objective Two, our Community Engagement Board objective, states that we aim to strengthen local residents’ and local businesses’ active participation in shaping plans for their communities and securing investment to meet local need. We believe that our work in this area is partially impacted by the judgment. Most of our work in this area continues to be important irrespective of the status of Heathrow Airport’s expansion proposals – such as running workshops to build community capacity, providing a signposting & information service and strengthening relationships with local Chambers of Commerce, local authorities, unions and other relevant organisations with knowledge and understanding of local businesses, skills and employment.
Strategic Objective Three, our proposed expansion objective, states that we aim to engage proactively in the DCO process, making an informed, evidence-based contribution and ensure local communities are able to engage effectively and influence the development of the scheme. This strategic objective is directly impacted by the judgment. As such, we will be suspending all work in this area until further information is available from the Department for Transport and Heathrow Airport which will allow us to conduct an informed review of our work in this area.
You can find more information on our Strategic Objectives by clicking here, or if you have any questions or comments on our approach, email us at info@hceb.org.uk.
For more information on the judgments, the Court of Appeal’s judgments and its summary can be found here: https://www.judiciary.uk/judgments/r-friends-of-the-earth-v-secretary-of-state-for-transport-and-others/